Bill > S117

This bill amends existing law to establish stricter regulations for advertisements and solicitations related to time-shares, which are defined broadly to include various forms of interval ownership, vacation clubs, and similar enterprises. Key provisions require that any time-share promotion offering a prize, gift, or other inducement must clearly state it is a time-share promotion on its face and provide a detailed description of the prize, including its brand, fair market value, odds of winning, and any conditions for qualification, to prevent deceptive practices. Furthermore, any such prize must be completely free of any charges to the consumer, and if a consumer arrives at a sales presentation, they must be shown the actual prizes won, or if the promotion requires a sales presentation to receive the prize, this must be clearly stated; otherwise, the consumer is entitled to the prize immediately without obligation. Tangible prizes must be presented in person, not as certificates, and if unavailable, the consumer must receive the cash equivalent. The bill also grants consumers a three-business-day right to cancel a time-share contract and holds time-share developers, agents, and suppliers jointly and severally liable for non-compliant solicitations. The Secretary of Consumer Affairs and Business Regulation is empowered to create further regulations, including fines of up to $1,000 per violation, and any violation is considered an unfair or deceptive act. The bill clarifies that district courts have jurisdiction over consumer claims within certain limits, and it establishes that soliciting a Massachusetts resident confers personal jurisdiction over time-share developers. Finally, prevailing consumers are entitled to damages including the prize's fair market value, payments made, and at least $500 in additional damages, with attorney's fees awarded if the developer knowingly violated the law, and these rights are in addition to other legal remedies.